Summary
The blanket prohibition on functions at Sisodia Rani ka Bagh was modified to permit appropriate activities only between 8 a.m. and 8 p.m. Laser lights, loud music and fireworks remained completely prohibited. The monument’s enclosed setting and historical and tourism significance supported regulated use alongside strict conservation conditions. Maintenance, staffing and consultant-led beautification were directed, with further reports due in one month and monitoring retained.
Issues
- Whether all functions at the monument required prohibition or regulated use could be permitted.
- What environmental and maintenance conditions should govern permitted activities.
Held
- For this enclosed historical monument adjacent to the highway, a blanket ban on appropriate events was unnecessary. Its use could continue during visitor hours subject to strict restrictions protecting the surroundings and wildlife. This conclusion rested on the monument’s particular setting. (¶ 8)
- Appropriate multipurpose activities were permitted only from 8 a.m. to 8 p.m., with none thereafter. Laser lights, loud music and fireworks were completely restrained, and the Department’s other conditions remained binding. (¶ 9)
- Musical and other fountains had to be kept in working order, and dedicated supervisory staff and gardeners provided. A consultant was to prepare further beautification and horticultural proposals. The Court retained monitoring and required the consultant’s report, additional plan and progress report within one month. (¶ 9)
Result
Appeal partly allowed; Tribunal’s blanket ban modified subject to specified time, environmental and maintenance restrictions. Consultant and development reports directed within one month, with listing and monitoring to continue.